OAH Docket No. 12-2500-17037-2

MPUC Docket No. CN-05-619

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE PUBLIC UTILITIES COMMISSION

In the Matter of the Application of Otter Tail Power Company and Others for Certification of Transmission Facilities in Western Minnesota

SCHEDULING ORDER FOR RECOMMENCED PROCEEDING

A prehearing conference was held October 24, 2008, in the Commission’s large hearing room before Administrative Law Judge Steve M. Mihalchick.. The following persons noted their appearance:

Todd J. Guerrero and David L. Sasseville, Lindquist & Vennum, 4200 IDS Center, 80 South Eighth Street, Minneapolis, Minnesota 55402, appeared for and on behalf of the Applicants.

Karen Finstad Hammel, Assistant Attorney General, 1400 Bremer Tower, 445 Minnesota Street, St. Paul, Minnesota 55101, appeared for and on behalf of the Department of Commerce (Department).

Elizabeth I. Goodpaster, Attorney at Law, Minnesota Center for Environmental Advocacy, 26 East Exchange Street, Suite 206, St. Paul, Minnesota 55101, appeared for and on behalf of Minnesota Center for Environmental Advocacy; Minnesotans for an Energy Efficient Economy; Izaak Walton League of America, Midwest Office; Wind on the Wires; and Union of Concerned Scientists.

Christopher Greenman, Senior Counsel, Excelsior Energy, Inc., 11100 Wayzata Boulevard, Suite 305, Minnetonka, Minnesota 55305, appeared for and on behalf of Excelsior Energy, Inc.

Mark Bring and Jennifer Smestad, Associate General Counsels, Otter Tail Corporation, 215 S. Cascade Street, P.O. Box 496, Fergus Falls, Minnesota 56538, appeared for and on behalf of Otter Tail Corporation.

Christopher K. Sandberg and Darla Jo Boggs, Lockridge Grindal Nauen PLLP, 100 Washington Ave So, Suite 2200, Minneapolis, MN 55401, on behalf of the Midwest Independent System Operators (MISO).

John E. Drawz, Fredrickson & Byron PA, 200 South 6th Street, Suite 4000, Minneapolis, Minnesota 55402-1425, on behalf of the South Dakota Governor’s Office of Development.

David Jacobson, and Bob Cupit, appeared on behalf of the PUC Staff.

Based on the discussions during the prehearing conference, and upon all of the files, the Administrative Law Judges make the following:

SCHEDULING ORDER

1. Following the prehearing conference, the Department notified the ALJ of the need to change the start of the hearing and one other filing deadline in this matter to avoid conflicting with State holidays and travel schedules. The parties discussed and informally agreed to the proposed changes.

2. The following schedule is adopted:

Date	Event or Filing Due
November 13, 2007	Applicants' prefiled Direct Testimony and Responses to Dept IRs served Oct 24 due
November 19, 2007	All Parties’ Statements of Issues due
December 17, 2007	Prefiled Rebuttal Testimony by all parties except Applicants due
January 10, 2008	Public hearing in Ortonville starting at 6:00 p.m.
January 14, 2008	Prefiled surrebuttal testimony due
January 17, 2008	Written public comments due
January 23-24, 2008	Supplemental evidentiary hearing, 9:00 a.m. at the PUC
February 4, 2008	Briefs due
February 11, 2008	Reply Briefs and Proposed Findings due
March 10, 2008	ALJs Report due
March 17, 2008	Exceptions to ALJs Report and Briefs in support due
March 24, 2008	Reply briefs due
April 10, 2008	Oral Argument before PUC

3. The names of three Briggs and Morgan attorneys have been added to the Service List. They are currently interested persons on behalf of Xcel Energy. Other corrections have been made to the Service List.

Dated: November 5, 2007

/s/ Steve M. Mihalchick

__________________________

STEVE M. MIHALCHICK

Administrative Law Judge

/s/ Barbara L. Neilson

__________________________

BARBARA L. NEILSON

Administrative Law Judge